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STATE v. McNAIR

60 N.J. 8 (1972)

285 A.2d 553

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HENRY McNAIR, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 17, 1972.

Attorney(s) appearing for the Case

Mr. David S. Baime, Assistant Prosecutor, argued the cause for appellant (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Mr. Peter S. Valentine argued the cause for respondent (Mr. Edward F. Zampella, attorney).

The opinion of the Court was delivered by JACOBS, J.

The defendant was convicted in 1970 on evidence that he illegally possessed a total of 1010 glassine envelopes and capsules containing heroin at the store premises located at 98 South Orange Avenue, Newark. He did not move for a new trial and is barred under R. 2:10-1 from questioning the weight of the evidence; however, we have reviewed the transcript of the trial and find that the

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